Hearing on sex offender law set

Colonie hopes to create limits that will stand up to challenges in court

By TIM O'BRIEN Staff writer

Published 1:00 am, Monday, July 27, 2009

COLONIE — The town conducts a public hearing Aug. 6 on a proposed law to limit the number of sex offenders motels and hotels can house.

Courts have repeatedly struck down laws trying to impose limits that go beyond current state restrictions on where sex offenders can live. Town Attorney Michael Maggiulli said his approach is different because he is focusing on regulating the hotels and motels that house sex offenders.

The town is also preparing a Freedom of Information Law request to state agencies that place sex offenders in Colonie, seeking proof they conduct a required analysis on whether a community is overpopulated with people convicted of sexual offenses.

"Under the Executive Law, all of these state agencies before they place sex offenders are supposed to take into account overcrowding," he said. "We want to see if they're doing this because we don't think they are."

Depending on the results of its FOIL request, Maggiulli said, the town could seek to file for a hearing to challenge the state's assignment of sex offenders to live in Colonie.

As of June 25, 119 of the 211 sex offenders in Albany County were living in the town, Maggiulli said when he first introduced the law earlier this month.

The proposed law would require hotels and motels that plan to house sex offenders to get a license. Those with 50 or fewer units would have to pay a yearly fee of $1,500. Those with more rooms would pay $3,000.

The town would assign a point system: One point for Level 1 offenders, the lowest level, two points for Level 2 offenders, and three points for Level 3 offenders. Motels with 50 or fewer units would be granted a total of six occupancy points, while larger hotels would get up to nine.

Other communities have tried to impose limits on how close convicted offenders can live to schools and other facilities used by children beyond the 1,000 foot rule under state law. Courts have repeatedly struck those laws down.

The hearing on the Colonie law will be held at 7 p.m. Aug. 6 at Town Hall. The Town Board will likely vote on it at its meeting afterward.

Tim O'Brien can be reached at 454-5092 or by e-mail at tobrien@timesunion.com.